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terms of Use

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Last Updated: July 30, 2020

 

Please read these Terms of Use (this “Agreement”) carefully as it governs the terms and conditions under which Users (“you”) may access, view and use the Self Help Assist website, www.selfhelpassist.com (the “Website”).

 

The Website is owned and operated by Danuta Zylka, d.b.a. Self Help Assist (“Self Help Assist”, “us”, “we”, or “our”). We operate the Website and provide it for use subject to compliance with this Agreement.

 

This Agreement includes our Privacy Policy, which is incorporated herein. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement and the Privacy Policy. If you object to anything in this Agreement or the Privacy Policy, do not use the Website.

 

  1. Definitions

 

“Member(s)” means individuals who register to use the Website to post and view User Content and Self Help Assist Content.

 

“Self Help Assist Content” means any data, information, content, records, files, text, images, video, audio, other multimedia, software or other materials that Self Help Assist makes available for use, viewing and access by Members through the Website.

 

“User(s)” means all individuals or entities that use, view or access the Website and includes Members.

 

“User Content” means posted, linked, stored, shared and otherwise made available data, information, content, records, files, text, images, video, audio, other multimedia, software or other materials by Users through the Website.

 

  1. Changes to this Agreement

 

This Agreement, including the Privacy Policy, are subject to change and may be updated by Self Help Assist, at its sole discretion, from time to time. We will notify you of any changes by posting the new agreements on the Website.

 

Please review this Agreement periodically for any changes. Changes to this Agreement will be effective immediately upon posting the amended agreement to the Website. Any use of the Website after posting will constitute as acceptance of such new agreement.

 

  1. Rules for User Conduct

 

As a condition of your use of the Website, you agree that:

 

  • Member accounts may only be linked to a single, individual User. You are responsible for providing accurate, current and complete information in connection with your Member account. You must not share Member account credentials with others, and you may not assign or otherwise transfer your Member account to any other person or entity. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Member account;

 

  • By using, viewing, or accessing the Website, you represent and warrant that you are not a minor or, if you are, that you have obtained the consent of your legal guardian to use, access or view the Website;

 

  • You will not use the Website for any other purpose that is unlawful under any applicable laws or otherwise prohibited by this Agreement;

 

  • You are solely responsible for your own User Content and you will not upload and/or transmit to Self Help Assist or the Website any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material, or any material that infringes or violates another party’s rights, or advocate, promote or assist any unlawful act or give the impression that any User Content emanates from Self Help Assist, where this is not the case;

 

  • You will not represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

 

  • You will not distribute viruses, harmful code, phishing scams, or any other harmful content or technologies, or otherwise take any actions that do or are intended to harm Self Help Assist, the Website, or any Users or third parties, or their interests or property;

 

  • You will not solicit, harvest, access or otherwise collect information regarding the Website, other Users or third parties, or their interests, property, or data, where it is not intended for you;

 

  • You will not interfere or attempt to interfere with the proper functioning of Self Help Assist and/or the Website, such as by making any automated use of the Website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

 

  • You will not bypass any measures we take to restrict access to the Website, Self Help Assist servers or Member accounts, or use any software, technology, or device to scrape, spider, or crawl the Website, Self Help Assist servers or Member accounts or harvest or manipulate data related to same, unless you have been authorized to do so; and

 

  • You will not probe, scan or test the vulnerability of our system or network or breach or attempt to breach security or authentication measures related to Self Help Assist or the Website.

 

  1. Termination of Member Accounts and Access to the Website

 

Self Help Assist shall be entitled to terminate your ability to use, access and view the Website. To the extent that Users’ conduct, as judged by us in our sole discretion, does not comply with this Agreement, including restricting or inhibiting other Users’ use and enjoyment of the Website, we may immediately terminate your access to all or part of the Website, disable your Member account, remove your User Content, and/or seek other remedies.

 

Self Help Assist shall also be entitled to terminate the operation of the Website at any time, without notice. Self Help Assist may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its Website at any time, for any reason, without any notice or liability to you or any other person.

 

  1. User Content

 

The Website allows you to post messages, exchange communications and interact with other Members. While you will retain ownership rights to your User Content, by posting User Content to the Website, you grant us a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, distribute, upload, transmit, commercially exploit or otherwise make available on the Website in any way your User Content. You agree that this license includes the right for us to make your User Content available to other Users of the Website, who may also use your User Content subject to this Agreement.

 

We do not screen, edit or review User Content before it is posted, transmitted, or uploaded to the Website. By providing you with the ability to view, access and use User Content, we are merely acting as a passive conduit and we do not undertake any obligation or liability relating to any User Content or activities on the Website.

 

Please note that User Content does not necessarily reflect our views and we disclaim all responsibility for and liability associated with any such User Content including, but not limited to, any losses, expenses or harm resulting from User Content posted, transmitted, or uploaded to the Website.

 

  1. Self Help Assist’s Intellectual Property and Your License to the Website

 

The Website and all intellectual property rights in the Website including, without limitation Self Help Assist Content, are owned by us and/or our licensors. We and our licensors, as applicable, reserve all our intellectual property rights, which include without limitation all copyright, trademark, domain names, design rights, database rights, patent, trade secrets and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.

 

Subject to your compliance with this Agreement, Self Help Assist grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence, to access, view and use the Website for personal, non-commercial purposes. Nothing in this Agreement grants you any rights in the Website, other than as necessary to enable you to access and use the Website in compliance with this Agreement, and you agree not to adjust, circumvent or delete any intellectual property notices contained within the Website.

 

Self Help Assist’s marks and the related words and logos are our trademarks or trade names. Nothing in this Agreement or within the Website should be construed as granting any license or right for you to use any such marks or names in any way. We expressly reserve all our trademark rights.

 

The Website, including, but not limited to, any text, images, photographs, graphics and any other materials, the arrangement of the foregoing, the look and feel of the Website, and the computer programs and software for the Website are protected by copyright. Self Help Assist either owns the copyright in and to the Website, the arrangement of the Website, the look and feel of the Website, and the computer programs and software for the Website, or has acquired the appropriate licenses, assignments or permissions to use them. Self Help Assist hereby expressly reserves all copyright in and to the Website, the arrangement of the Website, the look and feel of the Website, and the computer programs and software for the Website.

 

You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, except as expressly permitted in the Agreement. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted in this Agreement.

 

  1. Privacy

 

Self Help Assist will only use the information you provide in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

 

  1. Third-Party Links

 

The Website may contain hyperlinks or references to third party materials or websites. Any such embedment, hyperlink or reference is provided for your convenience only. The display of the Website on any third-party website, or hyperlink or reference to any third-party website does not constitute an endorsement of such third party’s website, products or Website. We have no control over third party websites and accept no responsibility or liability for any content, material or information contained in them. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites. Self Help Assist expressly disclaims any liability, damage or loss, directly or indirectly, alleged or derived from the use, access and/or viewing of third-party websites. Further, Users hereby agree to hold Self Help Assist harmless from any liability that may result from the use of the third-party websites linked to or referenced within the Website.

 

  1. Network Access and Devices

 

You are responsible for obtaining the data network access necessary to use the Website. Your mobile network’s data and messaging rates may apply if you access or use the Website from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website. We do not guarantee that the Website, or any portion thereof, will function on all hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications for which we are not responsible.

 

  1. Contests

 

From time to time Self Help Assist may make contests available through the Website. All contests are governed by this Agreement and the applicable contest rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable contest rules.

 

  1. User Relationships

 

Nothing in this Agreement shall in any way be construed as forming a joint venture, partnership, agency, or employment relationship between Self Help Assist and you.

 

  1. Disclaimers of Representations, Conditions and Warranties

 

THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT IS PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

 

WITHOUT LIMITING THE FOREGOING, SELF HELP ASSIST EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF: (I) QUALITY, MERCHANTABILITY, OR FITNESS OF THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT FOR A PARTICULAR PURPOSE; (II) NON-INFRINGEMENT OF THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT; OR (III) CORRECTNESS, ADEQUACY, ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT. SELF HELP ASSIST ALSO EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARNATEES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

SELF HELP ASSIST MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT WILL BE AVAILABLE ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT ANY DEFECTS OR ERRORS WITH THE WEBSITE AND USER CONTENT WILL BE CORRECTED, OR THAT THE SERVER(S) THAT MAKE THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT AVAILABLE ARE FREE FROM VIRUSES, MALWARE OR OTHER SIMILAR HARMFUL SOFTWARE CODE.

 

THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT ARE NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED ACCOUNT OF ANY MATTERS ADDRESSED AND REFERENCE TO ANY INFORMATION, BY TRADENAME, TRADEMARK OR OTHERWISE, SHOULD NOT BE USED OR CONSTRUED AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP. YOU SHOULD APPLY YOUR OWN JUDGMENT TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT INCLUDING, WITHOUT LIMITATION, THE USE OF OR RELIANCE ON ANY INFORMATION, OPINION OR ADVICE CONTAINED THEREIN. YOU BEAR THE SOLE RESPONSIBILITY FOR YOUR RESEARCH AND DECISIONS REGARDING THE USE OF THE WEBSITE, SELF HELP ASSIST CONTENT AND USER CONTENT. SELF HELP ASSIST DOES NOT PROVIDE OR GUARANTEE THE SUITABILITY OF THE WEBSITE, SELF HELP ASSIST CONTENT OR USER CONTENT.

 

SELF HELP ASSIST EXPRESSLY EXCLUDES ALL OTHER TERMS, CONDITIONS, WARRANTIES OR OTHER STIPULTAIONS CONCERNING THE WEBSITE AND USER CONTENT, WHETHER EXPRESS OR IMPLIED BY COMMON LAW OR UNDER STATUTE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. Limitation of Liability

 

IN NO EVENT WILL SELF HELP ASSIST AND/OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNEES, AGENTS, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS OR RESELLERS BE LIABLE FOR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, MONETARY LOSSES, LOST REVENUE OR PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, REPUTATION, AND/OR ANY OTHER DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE USE OF, ACCESS TO OR RELIANCE ON THE WEBSITE AND USER CONTENT.

 

NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED THE AMOUNT YOU PAID US FOR YOUR ACCESS TO THE WEBSITE AND USERT CONTENT. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

 

  1. Indemnification

 

You agree to indemnify, defend, release and hold harmless Self Help Assist, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable legal fees, arising out of or in any way connected with: (a) any violation of this Agreement; (b) material, such as User Content, submitted by you to Self Help Assist, whether through the Website or otherwise, that violates any intellectual property, proprietary, contract, or other right of any third party; or (c) access to or use of the Website by you or any other person accessing the Website using your Member account. You further agree that you will fully cooperate in the defense of such claims.

 

  1. Survival

 

The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason, such as: ownership and license provisions, warranties, disclaimers, indemnity and limitations of liability.

 

  1. Entire Agreement

 

This Agreement as well as Self Help Assist’s Privacy Policy shall constitute the entire agreement of the parties in relation to the use of the Website, and this Agreement shall supersede and replace any and all prior oral or written understandings or agreements between Self Help Assist and you.

 

  1. Severability

 

If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.

 

  1. Assignment

 

You may not assign or transfer this Agreement, by operation of law or otherwise, without Self Help Assist’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Self Help Assist may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective heirs, administrators, executors, legal personal representatives, successors and permitted assigns.

 

  1. Amendments and Waivers

 

No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.

 

  1. Force Majeure

 

Self Help Assist shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Self Help Assist.

 

  1. Governing Law

 

This Agreement is governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. By agreeing to this Agreement, you hereby irrevocably consent to the exclusive jurisdiction of the Courts of the Province of Ontario in the City of Toronto.

 

  1. Contact Information

 

If you have questions or concerns about this Agreement or our Privacy Policy, you may contact us at info@selfhelpassist.com.

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